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MINISTRY OF TRADE REPUBLIC OF INDONESIA REGULATION OF THE MINSTER OF TRADE REPUBLIC OF INDONESIA NUMBER: 16/M-DAG/PER/4/2013 CONCERNING PROVISIONS OF HORTICULTURAL PRODUCT IMPORT BY THE GRACE OF GOD ALMIGHTY THE MINISTER OF TRADE REPUBLIC OF INDONESIA, Considering: a. that in the context of consumer protection, business certainty, transparancy, and simplifying the licensing process, as well as an orderly import administration, need to make the necessary adjustment on the provisions of horticultural product import; b. that based on consideration as intended in item a, need to establish Regulation of the Minister of Trade concerning the Provisions of Horticultural Product Import; In view of: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad 1938 Number 86); 2. Law Number 3 Year 1982 concerning Mandatory Company Registration (State Gazette of the Republic of Indonesia Year 1982 Number 7, Addendum Number 3214); 3. Law Number 16 Year 1992 concerning Animal, Fish and Plant Quarantine (State Gazette of the Republic of Indonesia Year 1992 Number 56, Addendum Number 3482); 4. Law Number 7 Year 1994 concerning Ratification of Agreement Establishing The World Trade Organization (State Gazette of the Republic of Indonesia Year 1994 Number 57, Addendum Number 3564); 5. Law Number 10 Year 1995 concerning Custom (State Gazette of the Republic of Indonesia Year 1995 Number 75, Addendum Number 3612)

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Page 1: MINISTRY OF TRADE REPUBLIC OF INDONESIA … · Photocopy of Company Registration Card / Tanda Daftar Perusahaan ... Pengenal Importir Produsen (API-P); e. Proof of storage area control

MINISTRY OF TRADE REPUBLIC OF INDONESIA

REGULATION OF THE MINSTER OF TRADE REPUBLIC OF INDONESIA

NUMBER: 16/M-DAG/PER/4/2013

CONCERNING

PROVISIONS OF HORTICULTURAL PRODUCT IMPORT

BY THE GRACE OF GOD ALMIGHTY

THE MINISTER OF TRADE REPUBLIC OF INDONESIA,

Considering:

a. that in the context of consumer protection, business certainty, transparancy,

and simplifying the licensing process, as well as an orderly import

administration, need to make the necessary adjustment on the provisions of

horticultural product import;

b. that based on consideration as intended in item a, need to establish

Regulation of the Minister of Trade concerning the Provisions of

Horticultural Product Import;

In view of:

1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad 1938 Number 86);

2. Law Number 3 Year 1982 concerning Mandatory Company Registration

(State Gazette of the Republic of Indonesia Year 1982 Number 7,

Addendum Number 3214);

3. Law Number 16 Year 1992 concerning Animal, Fish and Plant Quarantine

(State Gazette of the Republic of Indonesia Year 1992 Number 56,

Addendum Number 3482);

4. Law Number 7 Year 1994 concerning Ratification of Agreement

Establishing The World Trade Organization (State Gazette of the Republic

of Indonesia Year 1994 Number 57, Addendum Number 3564);

5. Law Number 10 Year 1995 concerning Custom (State Gazette of the

Republic of Indonesia Year 1995 Number 75, Addendum Number 3612)

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Regulation of the Minister of Trade R.I. Number 16/M-DAG/PER/4/2013

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as amended by Legislation Number 17 Year 2006 (State Gazette of the

Republic of Indonesia Year 2006 Number 93, Addendum Number 4661);

6. Law Number 5 Year 1999 concerning Prohibition of Monopolistic

Practices and Unfair Business Competition (State Gazette of the Republic

of Indonesia Year 1999 Number 33, Addendum Number 3806);

7. Law Number 8 Year 1999 concerning Consumer Protection (State Gazette

of the Republic of Indonesia Year 1999 Number 42, Addendum Number

3821);

8. Law Number 39 Year 2008 concerning State Ministries (State Gazette of

the Republic of Indonesia Year 2008 Number 166, Addendum Number

4916);

9. Law Number 13 Year 2010 concerning Horticulture (State Gazette of the

Republic of Indonesia Year 2010 Number 132, Addendum Number 5170);

10. Law Number 18 Year 2012 concerning Food (State Gazetter of the

Republic of Indonesia Year 2012 Number 227, Addendum Number 5360);

11. Government Regulation Number 22 Year 1983 concerning Veterinary

Public Health (State Gazette of the Republic of Indonesia Year 1983

Number 28, Addendum Number 3253);

12. Government Regulation Number 69 Year 1999 concerning Food Label and

Advertisement (State Gazette of the Republic of Indonesia Year 1999

Number 131, Addendum Number 3867);

13. Governement Regulation Number 14 Year 2002 concerning Plant

Quarantine (State Gazette of the Republic of Indonesia Year 2002 Number

35, Addendum Number 4196);

14. Government Regulation Number 68 Year 2002 concerning Food Security

(State Gazette of the Republic of Indonesia Year 2002 Number 142,

Addendum Number 4254);

15. Government Regulation Number 28 Year 2004 concerning Food Safety,

Quality, and Nutrition (State Gazette of the Republic of Indonesia Year

2004 Number 107, Addendum Number 4424);

16. Government Regulation Number 21 Year 2005 concerning Biological

Safety of Genetically Engineered Products (State Gazette of the Republic

of Indonesia Year 2005 Number 44, Addendum Number 4498);

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17. Government Regulation Number 38 Year 2007 concerning Division of

Government Affairs Between Government, Provincial Government and

District Government (State Gazette of the Republic of Indonesia Year

2007 Number 82, Addendum Number 4737);

18. Presidential Decree Number 260 Year 1967 concerning Task Affirmation

and Responsibility of the Minister of Trade on Trade in the Field of

Foreign Trade;

19. Presidential Decree Number 84/P Year 2009 concerning Formation of

Indonesia United II Cabinet as amended by Presidential Decree Number

59/P Year 2011;

20. Presidential Decree Number 47 Year 2009 concerning Formation and

Organization of State Ministries as amended several times with the latest

being Presidential Decree Number 91 Year 2011;

21. Presedential Decree Number 24 Year 2010 concerning Position, Task and

Function of State Ministries as well as Organization Structure, Task and

Function of First Echelon State Ministries as amended several times with

the latest being Presidential Decree Number 92 Year 2011;

22. Regulation of the Minister of Trade Number 28/M-DAG/PER/6/2009

concerning Provisions on Export and Import Permit Arrangement Service

by Electronic System through INATRADE in the framework of Indonesia

National Single Window;

23. Regulation of the Minister of Agriculture Number

12/Permentan/OT.140/2/2009 concerning Requirements and Procedures of

Plant Quarantine For Importation of Wood Packaging into the Territory of

Republic of Indonesia;

24. Regulation of the Minister of Trade Number 54/M-DAG/PER/9/2009

concerning General Provisions in the Field of Import;

25. Regulation of the Minister of Industry Number 24/M-IND/PER/2/2010

concerning Food Grade Logo and Recycling Code On Plastic Food

Containers;

26. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010

concerning Organization and Work Procedures of the Ministry of Trade as

amended by Regulation of the Minister of Trade Number 57/M-

DAG/PER/8/2012;

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27. Regulation of the Head of Drug and Food Control Number

HK.03.1.23.07.11.6664 Year 2011 concerning Supervision of Food

Packaging;

28. Regulation of the Minister of Trade Number 31/M-DAG/PER/10/2011

concerning Goods In Wrapped State;

29. Regulation of the Minster of Agriculture Number

88/Permentan/PP.340/12/2011 concerning Supervision of Food Security

on Importation and Exportation of Plant-based Fresh Food;

30. Regulation of the Minister of Trade Number 18/M-DAG/PER/3/2012

concerning Delegating License Issuance Authority to the Coordiantor and

Organizer of the Trade Services Unit;

31. Regulation of the Minister of Trade Number 27/M-DAG/PER/5/2012

concerning Provisions of Importer Identification Number as amended

several times with the most recent Regulation of the Minister of Trade

Number 84/M-DAG/PER/12/2012;

32. Regulation of the Minister of Agriculture Number

42/Permentan/OT.140/6/2012 concerning Plant Quarantine Measures for

Importation of Fresh Fruits and Vegetables into the Territory of the

Republic of Indonesia;

33. Regulation of the Minister of Agriculture Number

43/Permentan/OT.140/6/2012 concerning Plant Quarantine Measures for

Fresh Bulbs Import into the Territory of the Republic of Indonesia;

DECIDES:

To Stipulate: REGULATION OF THE MINISTER OF TRADE CONCERNING

PROVISIONS OF HORTICULTURAL PRODUCT IMPORT.

Article 1

In this Ministerial Regulation, what is referred to as:

1. Horticulture are all matters relating to fruits, vegetables, medicinal plants

ingredients and floriculture including mushrooms, mosses and water

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plants which functions as vegetables, medicinal plant ingredients and/or

aesthetic materials.

2. Horticultural Products are all products derived from fresh or processed

horticultural crops.

3. Fresh Horticultural Products are plant based foods which are the resulting

product of post-harvest processing for consumption or industrial raw

materials, and/or products which has gone through minimal processing.

4. Processed Horticultural Products are foods or drinks which are processed

in certain ways or methods with or without additives.

5. Import is any activities to import goods into Indonesian custom area.

6. Producer Importer of Horticultural Products, hereinafter referred to as

Producer Importer of HP/ IP-Produk Hortikultura is an industrial

company which uses Horticultural Products as raw materials or supporting

materials in the production process itself and not trading or transferring to

other parties.

7. Registered Importer of Horticultural Products, hereinafter referred to as

Registered Importer of HP/ IT-Produk Hortikultura is a company which

import Horticultural Products for the purpose of business activity by

trading or transferring to other parties.

8. Distributor is a national trading company acting for and on its own behalf,

whose scope include buying, storing, selling, as well as marketing of

goods, especially delivering goods from importers to retailers.

9. Label is every information regarding Horticultural Products in the form of

picture, writing, a combination of both or other forms which contain

information about the product and the business as wll as other information

in accordance with the regulatory legislation, is included on the product,

incorporated into, attached to, or part of the packaging.

10. Food Grade Logo is a sign which indicates that the food packaging is safe

to use for food.

11. Recycling Code is a sign which indicates that the food packaging is

recyclabale.

12. Packaging is the material used to contain and/or encase Horticultural

Products, both direct and indirect contact.

13. Import Approval is a Horticultural Products import license.

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14. Horticultural Products Import Recommendation hereinafter referred to as

RIPH is a written statement given by the Minister of Agriculture or

official appointed by the Minister to company that will import

horticultural products into the territory of the Republic of Indonesia.

15. Verification or technical inquiry is a technical inspection activity on

imported products carried out at the loading port by surveyor.

16. Surveyor is a survey company which is authorized to carry out imported

product verification or technical inspection activity.

17. Trade Services Unit, hereinafter abbreviated as UPP is a licensing service

unit in the field of commerce.

18. Minister is the minister who held government affairs in the field of trade.

19. Director General is the Director General of Foreign Trade, Ministry of

Trade.

20. Coordinator and Implementer of UPP is an official which has been

appointed by the Secretary General of the Ministry of Trade to coordinate

and to carry out the implementation of licensing service for the UPP.

Article 2

The types of Horticultural Products which are regulated in this Ministerial

Regulation are as stated in Appendix I which is an integral part of this

Ministerial Regulation.

Article 3

Import of Horticultural Products can only be performed by companies which

have been recognized as Producer Importer of HP or have been determined as

Registered Importer of HP by the Minister.

Article 4

The Minister delegates the authority to issue recognition as Producer Importer

of HP or determination as Registered Importer of HP as intended in Article 3

to the Coordinator and Implementer of UPP.

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Article 5

(1) To gain recognition as Producer Importer of HP as intended in Article 3,

the company must apply electronically to the Minister in this case the

Coordinator and Implementer of UPP, by attaching:

a. Photocopy of Industrial Business License or other similar business

license which make use of raw materials from Horticultural Products,

issued by authorized agency or technical offices;

b. Photocopy of Company Registration Card / Tanda Daftar Perusahaan

(TDP);

c. Photocopy of Tax Identification Number / Nomor Pokok Wajib Pajak

(NPWP);

d. Photocopy of Producer Importer Identification Number / Angka

Pengenal Importir Produsen (API-P);

e. Proof of storage area control in accordance with product

characteristics;

f. Proof of means of transport in accordance with product characteristics;

g. Horticultural Product Import Recommendation (HPIR) / Rekomendasi

Impor Produk Hortikultura (RIPH) from the Minister of Agriculture

or appointed official.

(2) The application which has been received must be immediately examined

by the Coordinator and Implementer of UPP to find out the completeness

of the submitted data.

(3) In case the data, as intended in paragraph (1), is complete, it is given to

the Assessors for field inspection and the validity of the documents.

(4) Inspection as intended in paragraph (3) is conducted at the latest 3 (three)

working days upon receiving the application completely and performed at

most for the duration of 3 (three) days.

(5) In case of the inspection result, as intended in paragraph (3), where

incorrect data was found, the Coordinator and Implementer of UPP will

reject to issue recognition as Producer Importer of HP.

(6) In case of the inspection result, as intended in paragraph (3), where the

data submitted is correct, The Coordinator and Implementer of UPP will

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issue recognition as Producer Importer of HP at the latest 2 (two) working

days after receiving the inspection result as intended in paragraph (4).

Article 6

The recognition validity period as a Producer Importer of HP as intended in

Article 5 paragraph (6) is in accordance with the RIPH validity period as

intended in Article 5 paragraph (1) item g, commencing from the date of the

issuance of Producer Importer of HP status.

Article 7

Company that has received recognition as Producer Importer of HP can only

import Horticultural Products as raw materials or auxiliarry materials for its

industrial production process and prohibited from trading and/or transferring

the product.

Article 8

(1) To obtain determination as Registered Importer of HP as intended in

Article 3 a company must apply electronically to the Minister in this case

the Coordinator and Implementer of UPP, by attaching:

a. Photocopy of Trading License / Surat Izin Usaha Perdagangan

(SIUP) whose scope of business includes horticulture or other similar

business license published by authorized agency or technical office;

b. Photocopy of Company Registration Card / Tanda Daftar Perusahaan

(TDP);

c. Photocopy of Tax Identification Number / Nomor Pokok Wajib Pajak

(NPWP);

d. Photocopy of General Importer Identification Number / Angka

Pengenal Importir Umum (API-U);

e. Proof of storage area control in accordance with product

characteristics;

f. Proof of means of transport in accordance with product characteristics;

and

g. Proof of Horticultural Product sales collaboration contract at least with

3 (three) distributors for at least 1 (one) year;

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h. Proof of experience as Horticultural Product distributor for 1 (one)

year; and

i. Stamped letter of statement stating that it will not sell Horticultural

Product directly to consumers or retailers.

(2) The application which has been received must be immediately examined

by the Coordinator and Implementer of UPP to find out the completeness

of the submitted data.

(3) In case where the data, as intended in paragraph (1), is complete, it is

given to the Assessors for field inspection and the validity of the

documents.

(4) Inspection as intended in paragraph (3) is conducted at the latest 3 (three)

working days upon receiving the complete application and performed at

most for the duration of 3 (three) days.

(5) In case of the inspection result, as intended in paragraph (3), where

incorrect data was found, the Coordinator and Implementer of UPP

rejected to issue determination as Registered Importer of HP.

(6) In case of the inspection result, as intended in paragraph (3), where the

data submitted is correct, The Coordinator and Implementer of UPP will

issue the determination as Registered Importer of HP at the latest 2 (two)

working days after receiving the inspection result as intended in paragraph

(4).

Article 9

The determination validity period as Registered Importer of HP as intended in

Article 8 paragraph (6) is for 2 (two) years, commencing from the date of the

issuance of Registered Importer of HP status.

Article 10

The Assessors as intended in Article 5 and Article 8 is determined by the

Director General and comprised of officials from the Ministry of Trade and

other related agencies.

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Article 11

(1) Registered Importer of HP which will import Horticultural Products as

intended in Article 2 must obtain Import Approval from the Minister.

(2) The Minister delegates the authority to issue Import Approval as intended

in paragraph (1) to the Coordinator and Implementer of UPP for and on

behalf of the Minister.

Article 12

(1) Registered Importer of HP can only perform import activity after

obtaining the Import Approval.

(2) The Import Approval as intended in paragraph (1) is issued after the

Registered Importer of HP obtained the RIPH.

Article 13

(1) To obtain Import Approval as intended in Article 11, the Registered

Importer of HP must apply electronically to the Minister, in this case the

Coordinator and Implementer of UPP, by attaching:

a. RIPH; and

b. determination as Registered Importer of HP.

(2) The Coordinator and Implementer of UPP on behalf of the Minister

issues:

a. The Import Approval at the latest 2 (two) working days upon

receiving the application completely and correctly; or

b. rejection of the Import Approval at the latest 2 (two) working days

upon receiving the application that is incomplete and/or incorrect.

(3) The Import Approval as intended in paragraph (2) item a is delivered to

the Registered Importer of HP and a copy is delivered to the related

agency.

Article 14

The validity period of the Import Approval as intended in Article 13

paragraph (2) item a is in accordance with the validity period of the RIPH,

commencing from the Import Approval date of issuance.

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Article 15

Company that has received determination as Registered Importer of HP:

a. can only trade and/or transfer the imported Horticultural Products to the

Distributor; and

b. is prohibited from trading and/or transfering the imported Horticultural

Products directly to consumers or retailers.

Article 16

(1) Submission of application for obtaining:

a. recognition as Producer Importer of HP as intended in Article 5;

b. determination as Registered Importer of HP as intended in Article 8;

and

c. Import Approval as intended in Article 13,

will only be done electronically through INATRADE.

(2) In the event of force majeur, which resulted in the electronic system

through INATRADE is not functioning, submission of application as

intended in paragraph (1) can be delivered manually.

Article 17

(1) Recognition as Producer Importer of HP as intended in Article 5

paragraph (6), determination as Registered Importer of HP as intended in

Article 8 pargraph (6), and Import Approval as intended in Article 13

paragraph (2) item a is forwarded online to the Indonesia Nationla Single

Window (INSW) portal.

(2) In the case of import of Horticultural Products through ports which are not

connected to Indonesia National Single Window (INSW), copy of

recognition as Producer Importer of HP as intended in Article 5 paragraph

(6), determination as Registered Importer of HP Article 8 paragraph (6),

and Import Approval as intended in Article 13 paragraph (2) item a is

delivered manually to the related agency.

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Article 18

(1) Imported Horticultural Products must meet the packaging requirements:

a. Packaging which directly contact the food must use materials that are

allowed for food according to the regulatory legislation;

b. Packaging which uses plastic is required to include Food Grade Logo

and Recycling Code according to the regulatory legislation; or

c. Packaging which uses wood must be dried, and given marking

according to the regulatory legislation.

(2) Compliance with the packaging requirements as intended in paragraph (1)

must be proven with:

a. certified test results issued by competent testing laboratory and

recognized by local government; or

b. statement letter from the importer which state that the packaging used

is in accordance with the regulatory legislation by including Recycling

Code and Food Grade Logo on the packaging.

Article 19

(1) Horticultural Products imported by the Registered Importer of HP is

required to include label in Bahasa Indonesia on every product and/or

packaging.

(2) Horticultural Products as intended in paragraph (1), upon entry into the

territory of the Republic of Indonesia is already labeled in Bahasa

Indonesia and must at least include:

a. product name and/or brand;

b. net weight or amount of product;

c. name and address of producer and/or exporter; and

d. name and address of importer.

(3) Labeling as intended in paragraph (2), must at least use Bahasa Indonesia

that is clear and easy to understand.

(4) The use of other language other than Bahasa Indonesia, arabic numbers,

latin letters is allowed if there is no equivalent.

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Article 20

(1) Labeling as intended in Article 19 is done in such a way, so that it does

not easily come off from the product or packaging, fade or damaged, as

well as easy to see and read.

(2) Labeling as intended in paragraph (1) that is not possible for small-sized

products, must be affixed on the packaging or attached on the product.

Article 21

(1) Every implementation of Horticultural Product import as intended in

Article 2 by Producer Importer of HP or Registered Importer of HP must

first be verified or go through import technical inquiry at the country of

origin loading port.

(2) Verification or technical inquiry as intended in paragraph (1) is conducted

by the Surveyor appointed by the Minister.

(3) To be appointed for implementing Horticultural Products import

verification or technical inquiry as intended in paragraph (2), the Surveyor

must meet the following requirements:

a. have a Survey Service Business License (SIUJS);

b. have a minimal experience of 5 years as a surveyor;

c. have branches or representative and/or affiliates in overseas and

network to support the effectiveness of verification dan technical

inquiry service; and

d. have track records in the management of import verification or

technical inquiry.

Article 22

(1) Verification as intended in Article 21 paragraph (1) is conducted on

Horticultural Products impor, which include data and information

regarding:;

a. Loading port and country of origin;

b. Tariff Post or HS number and product description;

c. Type and volume;

d. Date of shipping;

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e. Port of destination;

f. Inclusion of Food Grade Logoo and Recycling Code on packaging;

g. Health Certificate;

h. Phytosanitary Certificate for fresh horticultural products;

i. Certificate of Origin;

j. Food grade packaging test result certification or letter of statement

from importer stating that packaging used is in accordance with the

regulating legislation for fresh horticultural products;

k. Inclusion of Food Grade Logo and Recycling Code, or letter of

statement stating that packaging used is in accordance with the

regulating legislation for fresh horticultural products; and

l. Compliance in labeling as intended in Article 19, except for

Ornamental Plant Products and Horticultural Products used as

industrial raw materials.

(2) Verification result as intended in paragraph (1) is outlined in the form of

Surveyor Report to be used as a complementary document for Customs

office in completing customs on import.

(3) The Surveyor collect fees from Registered Importer of HP or Producer

Importer of HP for implementing verification or technical inquiry as

intended in paragraph (1), in which the amount is determined by

observing the principles of benefit.

Article 23

Verification or technical inquiry activity on Horticultural Product import by

the Surveyor does not diminish the authority of the Directorate General of

Customs and Excise, the Ministry of Finance for customs inspection.

Article 24

(1) The Producer Importer of HP and the Registered Importer of HP is

required to submit a written report on the implementation of Horticultural

Product import by attaching scanned result of the Import Realization

Control Card that has been signed and stamped by the Custom and Excise

officer.

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(2) The Report as intended in paragraph (1) is delivered every month through

http://inatrade.kemendag.go.id by the 15th (fiftienth) of the following

month at the latest to the Director General with copy to the Director

General of Agricultural Processing and Marketing, the Ministry of

Agriculture, and the Head of the Agency of Drug and Food Control.

(3) The report form as intended in paragraph (1) is included in Appendix II

which is an integral part of this Ministerial Regulatioin.

(4) The Import Realization Control Card as intended in paragraph (1) is a

control card for the realized import amount of Horticultural Products.

Article 25

The Surveyor as intended in article 21 paragraph (2) is required to submit a

written report regarding the implementation of import verification and

techincal inquity of Horticultural Products to the Director General every

month no later than the 15th (fiftienth) of the following month.

Article 26

Recognition as Producer Importer of Horticultural Product and determination

as Registered Importer of HP can be revoked if the company:

a. does not carry the obligation to submit reports as intended in Article 24

twice;

b. is proven to alter the information contained in the Horticultural Product

import documents;

c. is found violating the packaging provisions as intended in Article 18

and/or labeling requirements as intended in Article 19;

d. is found trading and/or transferring the imported Horticultural Product as

intended in Article 7 for Producer Importer of HP;

e. is found trading and/or transferring the imported Horticultural Product to

other than the Distributor as intended in Article 15 for Registered

Importer of HP; and/or

f. found guilty based on court decision and binding on crime that is related

to the abuse of Horticultural Import product documents.

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Article 27

Revocation of recognition as Producer Importer of HP and of determination

as Registered Importer of HP is determined by the Coordinator and

Implementer of UPP for and on behalf of the Minister.

Article 28

Determination as Surveyor will be revoked if:

a. there is a violation in performing verification or technical inquiry

activities on Horticultural Product import; and/or

b. it does not comply with the written report obligations as intended in

Article 25 twice.

Article 29

Revocation of determination as Surveyor to perform verification and

technical inquiry of Horticultural Product import as intended in Article 28 is

determined by the Minister.

Article 30

(1) Company the perform Horticultural Product import not in accordance

with the labeling and packaging provisions in this Ministerial Regulation

will be sanctioned in accordance to the regulatory legislation.

(2) If the imported fresh Horticultural Product:

a. is not in accordance with the Horticultural Product as intended in

recognition as Producer Importer of HP and/or Import Approval;

and/or

b. is not in accordance with the packaging provisions as intended in

Article 18 and/or labeling provisions as intended in Article 19,

shall be destroyed according to the regulatory legislation.

(3) If the imported processed Horticultural Product:

a. is not in accordance with the Horticultural Product as intended in

recognition as Producer Importer of HP and/or Import Approval;

and/or

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b. is not in accordance to the packaging provisions as intended in Article

18 dan the labeling provisions as intended in Article 19;

will be re-exported according to the regulatory legislation.

(4) Cost for implementing the destruction and the re-exportation as intended

in paragraph (2) and paragraph (3) is the responsibility of the importer.

Article 31

(1) Packaging compliance inspection for fresh Horticultural Product as

intended in Article 18 is conducted by Agricultural Quarantine Agency.

(2) Packaging compliance inspection for processed Horticultural Product as

intended in Article 18 dan labeling as intended in Article 19 is conducted

by the Head of the Agency for Drug and Food Control.

Article 32

Every Horticultural Product import can only be performed through port of

destination that in accordance with the regulatory legislation.

Article 33

(1) Horticultural Product import for:

a. gift/grant for the purpose of worship for public, charity, social, or for

the mitigation of natural disaster;

b. foreign representatives and their officials who served in Indonesia

based on the principle of reciprocity;

c. the purpose of international agencies and their officers who served in

Indonesia;

d. the purpose of research, testing, and the development of science;

and/or

e. examples of goods that are not to be traded.

must obtain Import Approval by including the RIPH.

(2) To obtain Import Approval as intended in paragraph (1), the applicant

submits a written request to the Import Director.

(3) Horticultural Product import for:

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a. personal belongings of passengers; the crew of carrier; and

b. personal consumption;

with a maximum of 10 (ten) kilograms per person, do not need a Import

Approval.

(4) Provisions for Producer Importer of HP or Registered Importer of HP and

provisions for import verification or technical inquiry do not apply to

Horticultural Product import as intended in paragraph (1) and paragraph

(2).

Article 34

(1) Control of the importation and distribution of Horticultural Product is

conducted according to the regulatory legislation.

(2) The Minister may form an integrated team consisting of representatives

of related agencies to conduct:

a. control of Horticultural Product distribution; and

b. evaluation on the implementation of Horticultural Product import

policy.

(3) The Directorate General of Foreign Trade can at any time perform post

audit on Producer Importer of HP and Registered Importer of HP.

Article 35

Technical guidelines for the implementation of this Ministerial Regulation

can be determined by the Director General and/or the Director General of

Standardization and Consumer Protection according to their duties and

functions.

Article 36

Exceptions from the provisions stipulated in this Ministerial Regulation must

be approved by the Minister with consideration of proposals from related

agencies.

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Article 37

The recognition as Producer Importer of HP, determination as Registered

Importer of HP, Import Approval, and LS which has been issued based on

Regulation of the Minister of Trade Number 30/M-DAG/PER/5/2012

concerning Provisiond of Horticultural Product Import as amended several

times, most recently by Regulation of the Minister of Trade Number 60/M-

DAG/PER/9/2012 shall remain valid until its expiry.

Article 38

For Horticultural Products which have been circulated before the enactment

of this Ministerial Regulation shall comply with the packaging and labeling

provisions within the period of 18 (eighteen) months since the enactment of

this Ministerial Regulation.

Article 39

When this Ministerial Regulation come into effect, Regulation of the

Minister of Trade Number 30/M-DAG/PER/5/2012 concerning Provisions of

Horticultural Product Import as amended several times most recently with the

Regulation of the Minister of Trade Number 60/M-DAG/PER/9/2012 is

revoked and declared invalid.

Article 40

This Ministerial Regulation shall come into effect on the date of its

promulgation.

For public cognizance, ordereing the promulgation of this Ministerial

Regulation by including it in the Official Gazette of the Republic of

Indonesia

Stipulated in Jakarta

On 22 April 2013 MINISTER OF TRADE REPUBLIC OF INDONESIA

GITA IRAWAN WIRJAWAN

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APPENDIX I REGULATION OF THE MINISTER OF TRADE REPUBLIC OF INDONESIA NUMBER: 16/M-DAG/PER/4/2013 CONCERNING PROVISIONS OF HORTICULTURAL PRODUCT IMPORT TYPES OF HORTICULTURAL PRODUCT SUBJECT TO IMPORT REGULATION NO TARIFF POST/HS PRODUCT DESCRIPTION NOTE 07.01 Potatoes, fresh or cold 1 0701.90.00.00 - Others Fresh and cold potato 07.03 Onion, Shallot, Garlic, Leek other

similar vegetables, fresh or frozen

0703.10 - Onion and Shallot : -- Onion : 2 0703.10.19.00 --- Others Fresh onion for

consumption -- Shallot : 3 0703.10.29.00 --- Others Fresh shallot for

consumption 07.06 Carrot, Chinese Radish, Root Beet

for salad, Salsify, Celeriac, Radish and other similar root which is edible, fresh or cold

0706.10 - Carrot and Chinese Radish : 4 0706.10.10.00 -- Carrot 07.09 Vegetables pods fresh

or frozen

0709.60 - Fruit of genus Capsicum or genus Pimenta :

5 0709.60.10.00 -- Chili (fruit of genus Capsicum)

07.10 Vegetables ( uncooked or steamed or boiled), frozen

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NO TARIFF POST/HS PRODUCT DESCRIPTION NOTE

6 07.10.10.00.00 - Potato 08.03 Banana, including banana which is

not suitable for direct consumption either as fresh fruit or dried fruit

7 0803.10.00.00 - Banana that is not suitable as fruit for direct consumption

8 0803.90.00.00 - Others Banana for Consumption

08.04 Date, fig, pineapple, avocado, rose apple, mango, and mangosteen, fresh or dried

9 0804.30.00.00 - Pineapple 0804.50 - Rose apple, mango and

mangosteen :

10 0804.50.20.00 -- Mango 08.05 Orange fruit, fresh or dried 0805.10 - Orange : 11 0805.10.10.00 -- Fresh 12 0805.20.00.00 - Mandarin (including Tangerine and

Satsuma); Clementine, Wilking and Orange hybrid

13 0805.40.00.00 - Grapefruit, including Pomelo 14 0805.50.00.00 - Lemon (citrus lemon, citrus

limonum) and Lime (citrus aurantifolia, citrus latifolia)

15 0805.90.00.00 - Others 08.06 Grapes, fresh or dried 16 0806.10.00.00 - Fresh 08.07 Melon (including Watermelon) and

Papaya, fresh

Melon (including Watermelon) : 17 Ex 0807.19.00.00 -- Others Melon 0807.20 - Papaya: 0807.20.10.00 -- Mardi backcross solo (betik solo)

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NO TARIFF POST/HS PRODUCT DESCRIPTION NOTE

19 0807.20.90.00 -- Others 08.08 Apple, Pear and Quince, fresh 20 0808.10.00.00 - Apple 08.10 Other fruits, fresh 21 0810.60.00 - Durian 0810.90 - Others : 22 0810.90.10.00 -- Longan ( including mata kucing) - Fruit of genus Capsicum or

genus Pimenta :

20.01 Vegetables, fruits, nuts and parts of other plants that is edible, can be processed or preserved using vinegar or acetic acid

2001.90 - Others : 23 2001.90.10.00 -- Onions Shallot, Onion 20.04 Other Vegetables which are

processed or preserved using other than vinegar or acetic acid, frozen, not products at pos 20.06

24 2004.10.00.00 - Potato 20.05 Other vegetables which are processed

or preserved using other than vinegar or acetic acid, not frozen, not products at pos 20.06

2005.20 - Potato -- Sliced and cut 25 2005.20.11.00 --- In the airtight package 26 2005.20.19.00 --- Others 20.07 Jam, Jelly fruit, marmalade, puree

and paste made from fruit or peanut, cooked, may contain sugar added or other sweeteners

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NO TARIFF POST/HS PRODUCT DESCRIPTION NOTE

- Others 27 2007.91.00.00 -- Citrus/Orange fruit (Buah

Jeruk)

20.08 Fruits, Nuts and parts of other plants that is edible, cooked or preserved by other method, may contain sugar added or other sweeteners or alcohol, and not detailed or not included in other post

28 2008.20.00.00 - Pineapple 2008.30 - Citrus/Orange fruit (Buah Jeruk) 29 2008.30.10.00 -- Contain added sugar or other

sweetener or alcohol

2008.30.90.00 -- Others 30 2008.99 -- Others : 2008.99.20.00 --- Longan 20.09. Fruit Juice (including Grape Must)

and Vegetable Juice, not fermented and no additional alcohol, may contain added sugar or other sweeteners.

- Orange Juice : 31 2009.29.00.00 -- Others - Other Orange Juice 32 2009.39.00.00 -- Others - Pineapple juice 33 2009.41.00.00 -- Brix value is not more than 20 34 2009.69.00.00 -- Others - Apple Juice : 35 2009.71.00.00 -- Brix value is not more than 20

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NO TARIFF POST/HS PRODUCT DESCRIPTION NOTE

36 2009.79.00.00 -- Others - Other Juice of one other fruit or

vegetable

2009.89 -- Others: 37 Ex. 2009.89.99.00 ---- Others Mango juice drink 2009.90 - Juice Mixturel 38 Ex. 2009.90.90.00 -- Others Mixed Fruit Juice

(grape, guava, pineapple, papaya, mango, peach, passion fruit, apple, pear)

21.03 Sauce and preeparations thereof; mixed spices and mixed seasonings; mustard flour and meal as well as processed mustar

2103.90 -- Others: 39 2103.90.10.00 --- Chilli Sauce

MINISTER OF TRADE REPUBLIC OF INDONESIA,

GITA IRAWAN WIRJAWAN

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Appendix II Regulation of the Minister of Trade R.I. Number 16/M-DAG/PER/4/2013 Concerning Provisions of Horticultural Product Import

REPORT ON THE REALIZATION OF HORTICULTURAL PRODUCT IMPORT

Company Name : Head Office Address : Factory Address : SPI Number and date : Expiration Period : RIPH Number and date : Expiration Period : Import Approval Amount :

No. Tariff Post/HS

Goods Description (Product Type)

Import Realization

Destination Port

Import Country of Origin PIB Number

& Date

Amount

Volume (ton)

Value (US$)

Residual Realization

(ton)

Jakarta,................................. Company..............................

(Director)

Copy: 1. The Head of the Agency of Drug and Food Control 2. Director General of Agricultural Processing and Marketing,

Ministry of Agriculture

MINISTER OF TRADE REPUBLIC OF INDONESIA

GITA IRJAWAN WIRJAWAN